The 2016 Libertas Legislator Index

Index KeyVote agrees with Libertas' positionVote conflicts with Libertas' positionLegislator was absent or did not voteLegislator sponsored the bill(awarded 2% if it's a bill we support,docked 2% if we opposed)

While hundreds of votes are cast each year, Libertas chooses for its index the bills that directly relate to our mission to defend personal freedom, property rights, free markets, justice and due process, and limited and open government.

This bill would have, among other things, limited the government's ability to legally take a person's property by requiring a prosecutor to only take such an action if there was a criminal conviction. Revenue obtained through forfeiture also would have been diverted into the general education fund, rather than being sent back to law enforcement agencies.

This bill passed in the House 56-17 but was tabled in a Senate committee. Libertas Institute supports an "aye" vote, as property rights and due process require that government not be able to take the property of innocent individuals.

This vote accounts for 10% of the Index score.

HB67Allowing Guns on Buses

Prior to this bill, a person who boarded a bus with a firearm—except for law enforcement officials and concealed weapon permit holders—was guilty of a third degree felony. This bill eliminated this penalty enhancement, making the carrying of a firearm consistent with being on other property.

This bill passed in the House 59-12 and passed in the Senate 24-2. Libertas Institute supports a "yea" vote, because the right to keep and bear arms is fundamental and should not be infringed; carrying a gun on a bus should not be treated differently from carrying one on a sidewalk.

This vote accounts for 3% of the Index score.

HB80Vehicle impound

Utah law currently requires police to impound a vehicle that is being operated without insurance. This bill would have removed this requirement and provided police officers discretion in determining whether seizure of the vehicle is necessary.

This bill failed in the House on a 29-40 vote. Libertas Institute supports a "yea" vote, because protection of property from unreasonable seizure is important; lack of insurance does not justify, in every case, the impounding of one's car.

This vote accounts for 3% of the Index score.

HB85Private attorney general doctrine

Several years ago, the Utah legislature passed a law that prohibits courts from compensating individuals who successfully overturn a law that violated the rights of the public at large. Utah is the only state that prohibits this by law. This bill would have repealed that prohibition, thereby allowing courts to award such fees once more.

This bill passed the House unanimously but was not considered in the Senate. Libertas Institute supports an "aye" vote, because in a case where a government agency is violating the public's rights, the Attorney General would be duty bound to defend the government; incentives are needed such that private citizens can act in the public interest to overturn such laws.

This vote accounts for 5% of the Index score.

HCR1Resolution against WOTUS EPA Rule

A rule proposed by the U.S. Environmental Protection Agency purported to grant it the authority to regulate and micromanage not only interstate water, but intrastate water as well—bodies of water entirely within Utah. This resolution expressed opposition to that rule change, and support for pending litigation to fight it.

This bill passed the House 64-9 and passed the Senate 22-4. Libertas Institute supports a "yea" vote, having written a public policy brief calling for this action and encouraging the legislature to voice opposition to this egregious violation of federalism.

This vote accounts for 2% of the Index score.

SB45Decriminalizing truancy for public school parents

Previous to this bill, Utah law criminalized the parents of students who were absent from public school more than five unexcused times per school year. In the decade prior, 20 parents had been incarcerated under this law, and 171 fined. This bill attempted to lower the penalty to an infraction for the first case of habitual truancy, and a class C misdemeanor for the second time in the same year.

This bill passed the Senate 22-5 and passed the House 39-35, but the Senate refused to concur with the changes made in the House, and the bill died. Libertas Institute supports a "yea" vote, since parents are the primary stewards of their children, and the government (and public schools) should be secondary and supportive—and not punitive, should one's child not attend school as demanded of them.

This vote accounts for 8% of the Index score.

SB59Antidiscrimination Law for Breastfeeding Moms

This bill forces employers to provide accommodations for employees related to pregnancy, childbirth, and breastfeeding.

This bill passed the Senate 18-9 and passed the House 59-15. Libertas Institute supports a "nay" vote, as the Utah Constitution requires a free market, which this bill violates by forcing employers to accommodate activity they otherwise might prefer not to.

This vote accounts for 4% of the Index score.

SB79Allowing adults to leave juvenile custody

Prior to this bill, Utah law allowed a court to maintain juvenile custody of an adult between 18 and 21 years old. This bill established a process whereby a legal adult still in custody of the state can petition to be removed from state custody.

This bill passed in the Senate 27-0 and passed in the House 54-18. Libertas Institute supports an "aye" vote, as legal adults should be free leave custody of the state once they are no longer a minor.

This vote accounts for 5% of the Index score.

SB82Oversight for psychotropic medication for children in custody

Dangerous, psychotropic medication is administered at a high rate within the foster care system—31% for foster care children are given such drugs, compared to 6% in the general population. This bill created a pilot program to provide oversight to the prescribing of this medication to foster children, in an effort to ensure it is only being given where necessary.

This bill passed both the Senate and the House unanimously. Libertas Institute supports a "yea" vote, because parents need better information and oversight over the medication their children are given when in custody of the state.

This vote accounts for 2% of the Index score.

SJR2Resolution asking Congress to repeal the 17th Amendment

This resolution calls calls on Congress to propose a constitutional amendment to repeal the 17th Amendment.

This bill passed the Senate 20-6 and passed the House 39-34. Libertas Institute supports a "yea" vote, because America's bicameral legislature was designed by its creators to be divided and different—the House would represent the people, based on population, and the Senate would represent the states with legislatures deciding who should fill the position. Congress would benefit from restoring this additional check and balance, and this unique aspect would help minimize Congress' longstanding usurpation of power not delegated by states to the federal government under the Constitution.

This vote accounts for 3% of the Index score.

HB132Licensure exemption for home-based businesses

This bill would have exempted home-based businesses from requirements by cities to pay annual fees as a condition of legally operating their business.

This bill passed in the House 57-17 but was not considered by the Senate. Libertas Institute supports a "yea" vote, having proposed and worked on this bill for the third consecutive year; businesses that have no impact on city services of neighboring property should not be required to be licensed or pay fees to the government as a condition of operating.

This vote accounts for 5% of the Index score.

HB136Death penalty for human trafficking

This bill would have allowed the death penalty for criminal homicide while engaged in human trafficking.

This bill passed in the House on a 44-28 vote but failed in a Senate committee. While human trafficking and homicide are horrendous crimes deserving of the highest penalties, Libertas Institute supports a "nay" vote, as the death penalty is an ineffective tool of justice that should instead be eliminated in favor of life without parole.

This vote accounts for 5% of the Index score.

HB155Child pornography penalties for computer technicians

This bill mandates computer technicians to report any child pornography they discover to police. Failure to report is a class B misdemeanor.

The bill passed the House 64-7 and passed the Senate 25-0. Libertas Institute supports a "nay" vote; while we strongly support efforts to protect vulnerable children, this goes too far by introducing unintended consequences into the criminal justice system—over-reporting to prosecutors, charges against technicians who didn't see the child pornography prosecutors claim they did, unnecessary defense expenses by innocent technicians, etc. This bill is well meaning, but goes in the wrong direction.

This vote accounts for 5% of the Index score.

HB221Barriers for opt-out of mandatory vaccines

This bill would have imposed more barriers for parents wishing to adopt their children out of mandatory vaccination requirements.

This bill passed the House 38-37, but was changed in the Senate to a better version and did not receive a concurrence vote in the House. Libertas Institute supports a "nay" vote, as this vote by the House was for a bad bill that would have imposed unfair and unnecessary requirements on parents wishing to exercise their natural rights.

This vote accounts for 10% of the Index score.

HB281Making Polygamy a Felony

A House committee lowered the penalty for polygamy from a 3rd degree felony to a class A misdemeanor. An amendment was presented on the House floor to reclassify polygamy as a felony. This vote was for that amendment.

The amendment passed on a 46-26 vote. Libertas Institute supports a "nay" vote, because consensual polygamous adults should not be classified as felons.

This vote accounts for 10% of the Index score.

HB300Minimum standards for police body cameras

This bill establishes minimum standards for police agencies that use body cameras for their officers, such as when they must be activated, when notice of their use must be given, and how records are to be retained and disclosed.

This bill passed the House 64-5 and passed the Senate unanimously. Libertas Institute supports a "yea" vote, having spent hundreds of hours drafting the policy proposal that resulted in this change. Consistent standards applicable to police throughout the state are ideal, as opposed to a patchwork of policies.

This vote accounts for 5% of the Index score.

HB405Parole option for juvenile offenders

Prior to this bill, juveniles committing heinous crimes could be incarcerated for life without parole. Because young brains are not developed enough to process information rationally, they should not be held accountable like adults. Recognizing the science on this issue, this bill removed life without parole as an option, allowing juvenile offenders to demonstrate their ability to rejoin society at some future time.

This bill passed the House 64-3 and passed the Senate unanimously. Libertas Institute supports a "yea" vote, because young offenders deserve a second chance at life, should they be a different person several decades after their crime.

This vote accounts for 7% of the Index score.

SB108Removing protectionist barriers for birthing centers

Prior to this bill, birthing centers in Utah were unable to expand operations without the agreement of hospitals with whom they compete. This bill removed those protectionist barriers so that these businesses can expand.

This bill passed in the Senate 24-2 and passed the House 62-4. Libertas Institute supports a "yea" vote, as a business owner should not need the consent of his or her competitor to grow the business.

This vote accounts for 5% of the Index score.

SB153Self-reliance training for welfare recipients

This bill requires applicants for welfare programs to participate in self-reliance training designed to help them no longer need taxpayer-funded assistance.

This bill passed the Senate 20-5 and passed the House 45-28. Libertas Institute supports an "aye" vote, as we proposed this bill in order to encourage welfare recipients to establish ties with organizations that wish to help them improve their life and become self-sufficient.

Senate

Legislator

HB67Allowing Guns on Buses

Prior to this bill, a person who boarded a bus with a firearm—except for law enforcement officials and concealed weapon permit holders—was guilty of a third degree felony. This bill eliminated this penalty enhancement, making the carrying of a firearm consistent with being on other property.

This bill passed in the House 59-12 and passed in the Senate 24-2. Libertas Institute supports a "yea" vote, because the right to keep and bear arms is fundamental and should not be infringed; carrying a gun on a bus should not be treated differently from carrying one on a sidewalk.

This vote accounts for 3% of the Index score.

HCR1Resolution against WOTUS EPA Rule

A rule proposed by the U.S. Environmental Protection Agency purported to grant it the authority to regulate and micromanage not only interstate water, but intrastate water as well—bodies of water entirely within Utah. This resolution expressed opposition to that rule change, and support for pending litigation to fight it.

This bill passed the House 64-9 and passed the Senate 22-4. Libertas Institute supports a "yea" vote, having written a public policy brief calling for this action and encouraging the legislature to voice opposition to this egregious violation of federalism.

This vote accounts for 3% of the Index score.

SB45Decriminalizing truancy for public school parents

Previous to this bill, Utah law criminalized the parents of students who were absent from public school more than five unexcused times per school year. In the decade prior, 20 parents had been incarcerated under this law, and 171 fined. This bill lowered the penalty to an infraction for the first case of habitual truancy, and a class C misdemeanor for the second time in the same year.

This bill passed the Senate 22-5 and passed the House 39-35. Libertas Institute supports a "yea" vote, since parents are the primary stewards of their children, and the government (and public schools) should be secondary and supportive—and not punitive, should one's child not attend school as demanded of them.

This vote accounts for 10% of the Index score.

SB59Antidiscrimination Law for Breastfeeding Moms

This bill forces employers to provide accommodations for employees related to pregnancy, childbirth, and breastfeeding.

This bill passed the Senate 18-9 and passed the House 59-15. Libertas Institute supports a "nay" vote, as the Utah Constitution requires a free market, which this bill violates by forcing employers to accommodate activity they otherwise might prefer not to.

This vote accounts for 5% of the Index score.

SB73Medical Cannabis Act

This bill would have legalized medical marijuana in Utah.

This bill passed the Senate 17-12 but died in a House committee on a 4-8 vote. Libertas Institute supports an "aye" vote, because patients are not criminals and the law must be changed to reflect that reality.

This vote accounts for 15% of the Index score.

SB79Allowing adults to leave juvenile custody

Prior to this bill, Utah law allowed a court to maintain juvenile custody of an adult between 18 and 21 years old. This bill established a process whereby a legal adult still in custody of the state can petition to be removed from state custody.

This bill passed in the Senate 27-0 and passed in the House 54-18. Libertas Institute supports an "aye" vote, as legal adults should be free leave custody of the state once they are no longer a minor.

This vote accounts for 5% of the Index score.

SB82Oversight for psychotropic medication for children in custody

Dangerous, psychotropic medication is administered at a high rate within the foster care system—31% for foster care children are given such drugs, compared to 6% in the general population. This bill created a pilot program to provide oversight to the prescribing of this medication to foster children, in an effort to ensure it is only being given where necessary.

This bill passed both the Senate and the House unanimously. Libertas Institute supports a "yea" vote, because parents need better information and oversight over the medication their children are given when in custody of the state.

This vote accounts for 3% of the Index score.

SJR2Resolution asking Congress to repeal the 17th Amendment

This resolution calls calls on Congress to propose a constitutional amendment to repeal the 17th Amendment.

This bill passed the Senate 20-6 and passed the House 39-34. Libertas Institute supports a "yea" vote, because America's bicameral legislature was designed by its creators to be divided and different—the House would represent the people, based on population, and the Senate would represent the states with legislatures deciding who should fill the position. Congress would benefit from restoring this additional check and balance, and this unique aspect would help minimize Congress' longstanding usurpation of power not delegated by states to the federal government under the Constitution.

This vote accounts for 4% of the Index score.

HB155Child pornography penalties for computer technicians

This bill mandates computer technicians to report any child pornography they discover to police. Failure to report is a class B misdemeanor.

The bill passed the House 64-7 and passed the Senate 25-0. Libertas Institute supports a "nay" vote; while we strongly support efforts to protect vulnerable children, this goes too far by introducing unintended consequences into the criminal justice system—over-reporting to prosecutors, charges against technicians who didn't see the child pornography prosecutors claim they did, unnecessary defense expenses by innocent technicians, etc. This bill is well meaning, but goes in the wrong direction.

This vote accounts for 10% of the Index score.

HB300Minimum standards for police body cameras

This bill establishes minimum standards for police agencies that use body cameras for their officers, such as when they must be activated, when notice of their use must be given, and how records are to be retained and disclosed.

This bill passed the House 64-5 and passed the Senate unanimously. Libertas Institute supports a "yea" vote, having spent hundreds of hours drafting the policy proposal that resulted in this change. Consistent standards applicable to police throughout the state are ideal, as opposed to a patchwork of policies.

This vote accounts for 5% of the Index score.

HB405Parole option for juvenile offenders

Prior to this bill, juveniles committing heinous crimes could be incarcerated for life without parole. Because young brains are not developed enough to process information rationally, they should not be held accountable like adults. Recognizing the science on this issue, this bill removed life without parole as an option, allowing juvenile offenders to demonstrate their ability to rejoin society at some future time.

This bill passed the House 64-3 and passed the Senate unanimously. Libertas Institute supports a "yea" vote, because young offenders deserve a second chance at life, should they be a different person several decades after their crime.

This vote accounts for 7% of the Index score.

SB107Increased penalty for "hate crimes"

This bill would have required a "penalty enhancement" for crimes in which the aggressor targeted the victim because of his or her “belief or perception regarding [the] individual’s ancestry, disability, ethnicity, gender, gender identity, national origin, race, religion, or sexual orientation,” or the victim’s affiliation with a group that shares one or more of these characteristics.

The bill failed in the Senate on a 11-17 vote. Libertas Institute supports a "nay" vote, because discriminatory “belief or perception” about the victim’s personal characteristics is immaterial to the nature and effect of the crime.

This vote accounts for 4% of the Index score.

SB108Removing protectionist barriers for birthing centers

Prior to this bill, birthing centers in Utah were unable to expand operations without the agreement of hospitals with whom they compete. This bill removed those protectionist barriers so that these businesses can expand.

This bill passed in the Senate 24-2 and passed the House 62-4. Libertas Institute supports a "yea" vote, as a business owner should not need the consent of his or her competitor to grow the business.

This vote accounts for 8% of the Index score.

SB153Self-reliance training for welfare recipients

This bill requires applicants for welfare programs to participate in self-reliance training designed to help them no longer need taxpayer-funded assistance.

This bill passed the Senate 20-5 and passed the House 45-28. Libertas Institute supports an "aye" vote, as we proposed this bill in order to encourage welfare recipients to establish ties with organizations that wish to help them improve their life and become self-sufficient.

This vote accounts for 3% of the Index score.

SB189Death penalty repeal

This bill would have repealed the death penalty in Utah, allowing instead for life without parole as an option for capital offenders.

This bill passed the Senate on a 15-12 vote and thought it passed a House committee, it was not considered by the full House. Libertas Institute supports an "aye" vote, because the death penalty is an ineffective punishment that sometimes results in innocent individuals wrongly being executed.

Note: Like any legislative index, this one is based on a limited sampling of an elected official's voting record. It is important to do your own in-depth research when determining whether or not to support a candidate for office and consider other factors, including unreported committee or subcommittee service and constituent interaction.